Interim Measures of Protection under the Indian Arbitration and Conciliation Act 1996

Abstract

A RATHER peculiar problem for international commercial arbitration has cropped up under the Indian Arbitration Act 1996. Interim measures of protection from a court that was sought to be made available under the Model Arbitration Law,1 which India has adopted, may not be available for an arbitration that has its seat outside India. The Indian Act is divided into four parts.2 Part I is to apply ‘where the place of arbitration is India’.3 Part II implements portions of the New York Convention and the Geneva Convention. Section 9 of the Act,4 which is in Part I, provides for interim measures by the court. It provides: > ‘… Interim measures by court. – A party may before, or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with Section 36, apply to a court - > > 1. for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or > > 2. for an interim order of protection in respect of any of the following matters, namely: > 1. The preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement; > > 2. Securing the amount in dispute in the arbitration; > > 3. The detention, preservation or inspection of any property or thing which is the subject matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken or any observation made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence; > > 4. Interim injunction or the appointment of a receiver; > > 5. Such other interim measure of protection as may appear to the court to be …